WISELY v. STATE

No. 45,200

201 Kan. 377 (1968)

440 P.2d 632

JACK E. WISELY, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 11, 1968.


Attorney(s) appearing for the Case

Donald A. Jones, of Manhattan, argued the cause, and was on the brief for the appellant.

Howard Fick, assistant county attorney, argued the cause, and Robert C. Londerholm, attorney general, was with him on the brief for the appellee.


The opinion of the court was delivered by

O'CONNOR, J.:

This is an appeal by the petitioner, Jack E. Wisely, from an order of the district court of Riley county denying relief in a K.S.A. 60-1507 proceeding.

The sole question presented is whether the lower court erred in refusing to grant an evidentiary or plenary hearing when the petitioner had alleged in his motion the incompetency of counsel.

On February 10, 1966, Wisely was charged with...

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